KUPPET Leaders win important case against TSC

Godfrey Gwako

3 months ago

KUPPET Leaders win important case against TSC: Three executive secretaries from the Kenya Union of Post Primary Education Teachers (KUPPET) have won their fight against punitive reassignments back to teaching roles.

The Nyeri Labour Relations Court sided with these officials after they opposed unauthorized constitutional amendments within the union.

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Judge Onesmus Makau delivered the ruling

Judge Onesmus Makau delivered a detailed ruling that upheld the rights of William Lengonyiap from Samburu. The court also ruled in favour of Moses Kimwere from Isiolo and Omondi Oluoch from Tana River.

The judge found the actions against them discriminatory. He particularly noted the unfairness of reassigning Omondi Oluoch to Migori, far from his original station. The court deemed the reassignment excessively punitive.

KUPPET branch executive secretaries do not teach during their tenures

KUPPET’s branch executive secretaries don’t go to class to teach. That is why many teachers that are interested in KUPPET leadership seriously covet the seat. Branch chairpersons of KUPPET and other seat holders are, however, assigned lessons in their schools.

This is why transferring a KUPPET county executive secretary to a school that is outside their county is literally sacking them from union leadership. In fact, such a transfer is deemed irregular even before a court of law.

Key points from the judgment include:

Terms of Service: Robert Miano, Executive Secretary of KUPPET’s Laikipia Branch, confirmed that the court overturned the decision to return the officials to teaching.

He emphasized that the officials have five-year terms and can only be redeployed if not re-elected.

Discrimination: The court highlighted that the reassignments of Lengonyiap, Omondi, and Kimwere were highly discriminatory.
Compensation: The ruling directed that the officials be paid their salaries and allowances for the duration of their terms.
Costs and Accountability: The court ruled that the Teachers Service Commission (TSC) and KUPPET are responsible for bearing the case costs, as they were deemed responsible for the petition.

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